JOSEPH TAYLOR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The trial court departed from the recommended guidelines range in sentencing Joseph Taylor following the revocation of his probation in a criminal case because “the guidelines sentence is not long enough to allow for the necessary drug and psychological treatment that is being given to him as a youthful offender”.
While we understand and applaud what the trial court was trying to accomplish, namely, a cure for Taylor’s drug addiction, such stated reason for departure was not clear and convincing, that being the required standard. Vickers v. State, 490 So. 2d 231 (Fla. 5th DCA 1986).
We reverse and remand for resentencing within the guidelines upon authority of Young v. State, 455 So. 2d 551 (Fla. 1st DCA 1984), approved, 476 So. 2d 161 (Fla. 1985); Vance v. State, 475 So. 2d 1362 (Fla. 5th DCA 1985); and Vickers.
REVERSED AND REMANDED.
DOWNEY, WALDEN and STONE, JJ., concur.
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Fletcher v. State, 593 So. 2d 514 (Fla. 5th DCA 1991)…for sentencing should be scored as “additional offense at conviction” (Rule 3.701d.4.) whether or not the commission of the later offense may have incidentally served to have violated the probation relating to the prior offense. See, Jolly v. State, 502 So. 2d 1324 (Fla. 4th DCA 1987). When an offense as to which the defendant has violated straight probation later becomes one of multiple offenses before the court for sentencing, the mere fact that a defendant has violated probation as to [*519] the prior offe…
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Ludeman v. State, 595 So. 2d 978 (Fla. 5th DCA 1992)…or sentencing should be scored as “additional offense at conviction” (Rule 3.701 d.4.) whether or not the commission of the later offense may have incidentally served to have violated the probation relating to the prior offense. See, Jolly v. State, 502 So. 2d 1324 (Fla. 4th DCA 1987). When an offense as to which the defendant has violated straight probation later becomes one of multiple offenses before the court for sentencing, the mere fact that a defendant has violated probation as to the prior offense is…
Authorities Cited
- State v. Young, 476 So. 2d 161 (Fla. 1985)
- Young v. State, 455 So. 2d 551 (Fla. 1st DCA 1984)
- Vance v. State, 475 So. 2d 1362 (Fla. 5th DCA 1985)
- Caponey v. S.D. Andrews, 490 So. 2d 231 (Fla. 5th DCA 1986)
- Vickers v. State, 490 So. 2d 231 (Fla. 5th DCA 1986)